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Larry Donnelly Joe Biden won, but Democrats don’t get it

Larry Donnelly says while defeating Trump is a welcome victory, Democrats are in danger of storing up problems for the future by isolating the centre-ground.

TAKING OUT DONALD Trump is a big deal. It is relatively seldom that a sitting President of the United States is denied a second four-year stint in the White House. George HW Bush was the last incumbent to suffer this sorry end in 1992.

Donald Trump is the most controversial president in living memory. And it was arguably his ugly persona and unbecoming behaviour, together with the administration’s mishandling of Covid-19, rather than any of his policies, that sealed his fate.

That key sliver of the electorate who neither love nor loathe the man had enough of him and yearned for a calmer era and a more measured leader.

Enter Joe Biden. After flirting with a few of his rivals for their party’s nomination, Democrats made the wise choice to opt for a senior statesman who may have lost some speed off his fastball, yet retains the respect of an overwhelming majority of Americans. He faces a difficult and unenviable task.

No clear Democratic victory

Significant as it may be – especially in terms of what it has said to the rest of a mystified world – the decision of the US to install Joe Biden as commander-in-chief is only one element of this election.

The scenes of jubilation in city streets after everyone except President Trump and his unthinking adherents realised that he had lost were a justifiable release of tension and expression of hope. Democrats can find little cause for celebration or optimism in the other election results, however.

Although some have pointed to an impressive raw number of votes or other promising indicators, the bottom line remains. Expecting to take over the US Senate, Democrats have failed, barring huge upsets in two upcoming run-offs in Georgia.

Poised to expand their majority in the US House of Representatives, they lost seats. And the outcome was even bleaker locally.

In a postscript, that bible of the American left, The Nation magazine, put it bluntly: “Nowhere was the news worse than at the state legislative level, where despite unprecedented investment by Democratic organisations and outside groups, and expectations that they’d flip from four to eight legislative bodies – or more, in a ‘blue wave’ election – the party lost ground.”

The Nation quotes strategists who cut to the quick in their assessments. “Bloodbath,” “shit show” and “no way to sugar coat it” are some of the descriptions offered.

Progressive activists are endeavouring to reach a defensible conclusion as to why.

They have floated possible explanations. Democrats were responsible to a fault and didn’t engage, as Republicans did to great effect in Florida and elsewhere, in the ground game due to the pandemic.

Their enemies lied and painted them as socialists, communists and anti-law enforcement. The party’s overarching message attempts at mobilisation and social media tactics were poor.

Latino outreach was weak. Joe Biden didn’t pull Democrats further down the ballot over the top with him because there was scant enthusiasm for the 77-year-old personally.

The depth of the disappointment is directly proportionate to the widespread internal buoyancy ahead of 3 November. Democrats saw a president who they regarded euphemistically as a disgrace and who fired up their wealthy supporters to commit monumental sums of money to beat him and put the US on a radically divergent track.

What they believed to be Trump’s blatant misogyny and racism had engendered the #metoo and #BLM movements and would definitely drive participation and translate into votes for the many women and people of colour who were on the ballot.

As such, they needn’t worry unnecessarily about traditional Democratic constituencies or trying to persuade independents and soft Trump voters. A transformative election was in the making.

As wrong as these mainly leftist Democrats were beforehand, their analysis in the aftermath may be even further off the mark. The factors to which they ascribe defeat played a role.

But politics is a tough business and perception has always been more important than truth in campaigns. The question that has been studiously avoided is why were Trump and the Republicans so successful in caricaturing them as extremists?

For one thing, notwithstanding the prevalent journalistic narrative of two Democratic camps at odds – liberals like Bernie Sanders and Alexandria Ocasio-Cortez versus moderates such as the Clintons and Biden – swing voters don’t discern a sizable ideological gap between them. There may be differences in emphasis, style and tone, but the two ill-constructed factions really aren’t all that far apart on most issues.

Failing to win the centre

Actual centrist Democrats are an endangered and broadly scorned species. That, not one of the aspirants to be the party’s nominee for president – when asked at a debate about the just re-elected Democratic governor of deep red Louisiana, John Bel Edwards – would extend a welcome and offer congratulations to him spoke volumes.

The governor is pro-life and pro-gun. Yet he has also fought tirelessly for equal pay for women and for enhanced access to quality healthcare.

news-vice-president-pence-meets-with-louisiana-government-officals SIPA USA / PA Images SIPA USA / PA Images / PA Images

Surely it is better to have a part-time ally than a full-time foe? Why would these putative standard bearers not posit that, while they do not agree with John Bel Edwards on every topic, his triumph proves that Democrats can compete and win in all 50 states when they accommodate deviations from dogma?

Here’s the reason for the silence on that debate stage: The governor is a genuine moderate from Middle America and hence persona non grata in the mindset of the well-heeled donors on the coasts who write the cheques and call the shots.

Whether this proposition is true or not is immaterial. It is what millions of middle of the road voters – disgruntled and former Democrats foremost among them – perceive. In rejecting John Bel Edwards, Joe Biden and Co slighted them, too.

As long as this politically crucial segment of the population feels this way about what ought to be their natural home, the party will underperform, even on its good days. I am convinced that it is nearly that simple.

Of course, much has been made of the Republicans’ drift to the hard right and Trumpism and the fork in the road imminently confronting the GOP. It has to be profoundly disheartening for those whose conservatism is akin to Ronald Reagan’s.

Conversely, there have been political gains from this largely unanticipated and unintentional realignment. Plus, the re-election of two Republicans who are a long distance away from the ascendant right – Maine Senator Susan Collins and Vermont Governor Phil Scott – suggests that their tent may be more open than the opposition’s at this stage.

I’ll leave it to them to solve their own problems. For now, I am perplexed as to why my Democratic Party seems determined to make lots of us feel unwanted. And I am absolutely flabbergasted by the steadfast refusal to recognise the consequent political costs of doing so in the wake of Election 2020.

Larry Donnelly is a Boston attorney, a Law Lecturer at NUI Galway and a political columnist with TheJournal.ie.

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    Mute John003
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    Dec 24th 2017, 9:43 AM

    There should be a limit on criminal free legal aid cases….Say max of €4000 max over 5 years…At present a criminal with 100 previous convictions is entitled to full legal aid often a senior and junior barrister as well as a solicitor in court for serious cases also legal aid for an appeal….This policy should be reformed
    …..

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    Mute Casper
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    Dec 24th 2017, 9:49 AM

    @John003:

    How do you know all this are you a barrister

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    Mute John003
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    Dec 24th 2017, 9:59 AM

    @Casper: You got me there your honour…Not a barrister…Only barristers and some solicitors can understand it…..

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    Mute Ben McArthur
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    Dec 24th 2017, 9:59 AM

    @John003: This article has nothing to do with criminal legal aid.

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    Mute Casper
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    Dec 24th 2017, 10:04 AM

    @John003:

    Oh so are you a criminal

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    Mute John003
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    Dec 24th 2017, 10:13 AM

    @Casper: Very droll my lord…….

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    Mute B9xiRspG
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    Dec 24th 2017, 11:35 AM

    @John003: That would allow for abuse – people being set up for crimes. Only the rich would be able to depend themselves.

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    Mute Martin Byrne
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    Dec 24th 2017, 12:31 PM

    @John003: or just have a rule where when you hit your 50th conviction we push you off a cliff.

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    Mute Misanthrope
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    Dec 24th 2017, 3:51 PM

    @Martin Byrne: if criminals were jailed to serve their full sentences it wouldn’t be an issue.

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    Mute DaisyChainsaw
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    Dec 24th 2017, 9:37 AM

    If you can’t afford your mortgage, you certainly can’t afford a solicitor. The government approved vultures have no such worries when looking to add you to the many thousands of homeless.

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    Mute Fiona deFreyne
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    Dec 24th 2017, 10:09 AM

    @DaisyChainsaw: well and truthfully said.

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    Mute Roy Dowling
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    Dec 24th 2017, 10:04 AM

    if Paul Murphy can qualify for free legal aid then anyone can

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    Mute Fiona deFreyne
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    Dec 24th 2017, 10:09 AM

    @Roy Dowling: that was criminal legal aid in a very serious case with a theoretical risk of life imprisonment. There would have been no need for criminal legal aid if the case had been tried summarily in the District Court.

    This article is about civil legal aid, not criminal legal aid. Eligibility for civil legal aid is severely restricted.

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    Mute pat seery
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    Dec 24th 2017, 12:43 PM

    @Roy Dowling: You know the System was drawn up by Politicians

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    Mute Brendan Hughes
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    Dec 24th 2017, 9:36 AM

    Flac should be overhauled full stop.

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    Mute Matt Connolly
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    Dec 24th 2017, 1:16 PM

    @Brendan Hughes: why should flac be overhauled? Barristers, solicitors and law students giving up their personal time to provide free advice at clinics.

    Muggle, are you confusing FLAC with legal aid?

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    Mute Fiona deFreyne
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    Dec 24th 2017, 9:50 AM

    Inequality of arms characterises the battle by the Banks against distressed borrowers.

    I have seen teams of lawyers for the Banks, Senior Counsel. Junior Counsel solicitor and legal executive on the one side, highly resourced, experienced, inaccurate affidavits and proofs on the one side, County Registrars, Circuit Court Judges and some High Court judges just batch processing the cases against beleaguered and distressed borrowers without legal representation.

    The schocking thing is there are often serious legal defects in the Banks and vulture funds cases but these go unremarked.

    It is getting more and difficult for those without legal representation to get any fairness.

    The provocative thing is when Judges belittle and humiliate borrowers because of their lack of knowledge and familiarity with arcane court processes.

    The Banks and vulture funds rarely fully comply with Section 4 Data Protection requests and often behave malevolently and atrociously, overcharging interest, legal penalties, not allowing credit for partial payments, having irresponsibly lent in the first place.

    This is a total scandal.

    Courts in other countries are far better and there is better facility for legal representation.

    Consumer protection is often not observed and the number of ruses pulled by the Banks and vulture funds of off the scale.

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    Mute Brian O Reilly
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    Dec 24th 2017, 9:36 AM

    If a case has merit ,and the litigant is in not in a position to pay then the deciding officer should be allowed to use their powers of discretion to approve ,legal,aid but the litigant must also contribute to the cost,

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    Mute Casper
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    Dec 24th 2017, 9:47 AM

    @Brian O Reilly:

    I think it’s obvious that they can’t pay legal fees if they are in arrears in the first place

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    Mute Ben McArthur
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    Dec 24th 2017, 10:01 AM

    @Brian O Reilly: But this is about allowing legal aid to people who have already failed the merits test. Maybe the merits test is too strict, but we are given no evidence to work with here.

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    Mute Niall Sullivan
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    Dec 24th 2017, 10:41 AM

    @Ben McArthur: The merit tests are ridiculous. Someone on minimum wage wouldn’t qualify.

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    Mute Michael Kelly
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    Dec 24th 2017, 12:17 PM

    @Niall Sullivan: In order to qualify for legal advice you must pass a means test. If your application is successful you will be asked to make a financial contribution. How much you pay will depend on your means. If you are a complainant in a sexual assualt or rape case, you do not have to pass a means test or pay a contribution.

    A minimum contribution of €130 must be paid where your disposable income is less than €11,500. So if you don’t have that lying around, you’re gonna end up at the BAR anyway…

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    Mute Casper
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    Dec 24th 2017, 2:27 PM

    @Niall Sullivan:

    Someone on minimum wage probably wouldn’t have a mortgage

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    Mute Misanthrope
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    Dec 24th 2017, 3:53 PM

    @Casper: no but their rent would rival a mortgage for financial stress

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    Mute Fiona deFreyne
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    Dec 24th 2017, 10:12 AM

    If you look at the number of mortgage arrears cases in arrears for more than 90 days, there is a truly massive problem. If all of these borrowers are disposed where will they go?

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    Mute Niall Sullivan
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    Dec 24th 2017, 10:44 AM

    @Fiona deFreyne: I believe the government are fast tracking a rental scheme at present to allow them stay in their homes and rent. Of course, it should have been dealt with years ago in a sustainable manner. With house prices rocketing, the banks will repossess much quicker now to recoup costs. Pop over to askaboutmoney and read some of the threads.

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    Mute Fiona deFreyne
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    Dec 24th 2017, 11:45 AM

    @Niall Sullivan: will the scheme become operational in time?

    AIB is starting to sell off it principal private dwelling house mortgages in default to vulture funds. Vulture funds won’t bother with rent back schemes. That’s not how they make money.

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    Mute Dave Doyle
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    Dec 24th 2017, 2:16 PM

    @Niall Sullivan: We can thank Mickey Noonan and his love for banks and Vulture funds, and his contempt and hatred of ordinary people, for the mess the country is in re evictions, mortgage fraud, and the homeless problem.

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    Mute Isthatright
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    Dec 24th 2017, 4:39 PM

    @Fiona deFreyne:
    And that’s before rates rise, you could most likely treble that figure (or more) if they do !

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    Mute Stephen Maher
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    Dec 24th 2017, 10:39 AM

    The Government wont do anything that helps or is seen to be fair to its citizens.
    This mess is a direct result of the private housing system.
    Its costing the state IE us taxpayers billions.
    The sooner the better we start building state owned housing provided by the councils.

    18
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    Mute Escay
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    Dec 24th 2017, 10:34 AM

    As a member of a recently recognised ethnic minority, I feel the protection offered to us via the free legal aid is essential to the continuation of our valued way of life. Not only for wrongful misdemeanour suits, but primarily as an essential route to ensuring we have the option to continue our nomadic way if life while also retaining a structured home base for when we need it.

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    Mute Donal Desmond
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    Dec 24th 2017, 11:09 AM

    The banks have unlimited resources to pay top legal barristers in the event of court cases. Ironically funded by the taxpayer. In the boom banks flung money at people, when the gangesterism of the banks and developers brought this country to it’s knees, the people who borrowed and people who never borrowed were forced by austerity measures to bail out the banks. After this austerity people who under massive financial strain were evicted by the banks with the blessing of the courts. Two bankers in criminal cases were acquitted by the incompetent handling by the state. They would have been entitled to free legal aid if they needed it.While the victims of their gangesterism were denied it.

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    Mute William Grogan
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    Dec 24th 2017, 12:15 PM

    The obvious and cheapest solution is to take cases, where it’s the principal home, out of the courts and into a separate and simple arbitration system. I’m amazed it hasn’t happened already.

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    Mute Eyepopper
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    Dec 24th 2017, 11:10 AM

    Repossessing houses MAKES money for the banks (state). Putting people in jail COSTS the state money.

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    Mute Maxwell Tsu-Araujo
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    Dec 24th 2017, 12:30 PM

    No. They should cut the fees of overcharging lawyers.

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    Mute Michael Heery
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    Dec 24th 2017, 4:59 PM

    @Maxwell Tsu-Araujo: they should not allow TDs to practice at the Bar.

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    Mute Matt Connolly
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    Dec 24th 2017, 1:12 PM

    Yep, it should be extended, but in order to get legal aid in a civil matter, your case must have a reasonable chance of success. “But the bankers…” is not a solid argument for not making any repayments. In all honesty, I don’t see a whole heap qualifying on that ground alone.

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    Mute ginger tomatoes i9
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    Dec 24th 2017, 2:02 PM

    Current system is a gravy train and will not be reformed as too many get rich off it

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    Mute Leroy
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    Dec 24th 2017, 2:23 PM

    Question should be Should the taxpayer subsidise..insert blank

    4
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